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MEMORANDUM <br />TO: City Council <br />FROM: Joseph J. Langel <br />Nathan B. Shepherd <br />City Attorneys <br />DATE: September 28, 2021 <br />RE: Charter Election Provisions <br />The presence of language that is inconsistent with state law has the potential to <br />create confusion and uncertainty in the administration of the City's elections. Therefore, <br />we were asked to provide revisions to the election administration portion of the City <br />Charter, removing language or provisions that conflict with state law. <br />This memorandum describes proposed changes to these provisions of the Charter <br />and sets forth the legal issues underlying those changes. We also provide a redlined <br />version of Chapter Four of the Charter that reflects the changes identified here, as well as <br />a clean copy that incorporates those changes. <br />Background <br />Through their charters, cities have general authority to "provide for any scheme of <br />municipal government not inconsistent with the constitution" and "for the regulation of <br />all local municipal functions, as fully as the legislature might have done before home rule <br />charters for cities were authorized." Minn. Stat. § 410.07. However, "[c]ities have no <br />power to regulate in a manner that conflicts with state law or invades subjects that have <br />been preempted by state law." Jennissen v. City of Bloomington, 913 N.W.2d 456, 459 <br />(Minn. 2018). Thus, a city "cannot enact a local regulation that conflicts with state law <br />or enact a regulation when state law fully occupies a particular field of legislation." <br />Bicking v. City of Minneapolis, 891 N.W.2d 304, 313 (Minn. 2017). <br />Since 1959, state law has dictated that municipal elections are controlled by state <br />election law. Minn. Stat. § 205.02, subd. 1. Since then, the legislature further clarified <br />that, "[i]n all statutory and home rule charter cities, the primary, general and special <br />elections held for choosing city officials and deciding public questions relating to the city <br />shall be held as provided in [chapter 205.]" Id., subd. 2. In addition to the city -specific <br />election chapter, other election statutes that apply to municipalities will generally control <br />in the City, regardless of the charter. See, e.g., Minn. Stat. § 204B.16, subd. 1 (requiring <br />that each "municipality" designate polling places according to a certain schedule); see <br />